General Terms and Conditions - DVAuction, Inc. (www.dvauction.com)

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THE FOLLOWING DESCRIBES THE TERMS WHEREBY DVAUCTION, INC. & WWW.DVAUCTION.COM OFFERS ACCESS TO OUR SERVICES

The following terms and conditions are applicable to all sales and purchases through our website(s). We may amend these terms and conditions at any time by posting the amended terms on our site. The amended terms shall automatically be effective 10 days after they are initially posted on our site. Eligibility to use our site. Registering to view auctions on our site is free upon completing the required registration process. In order to bid on and purchase livestock/merchandise on our site, you must register for online bidding approval by submitting your application to bid. Upon approval, you will be allowed bidding privileges at the auction. Online bidding/buying privileges are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available for minors. If you do not qualify, please do not use our services. We may refuse our services to anyone at any time, in our sole discretion.

1. General Terms

   • Any announcements at the time of auction or bidding will take precedence over material previously provided.
   • Livestock/Consignments are sold FOB buyers trucks (transportation). All shipping of any kind shall be at Buyer’s expense.
   • All livestock/consignments sold through DVAuction, Inc. are purchased subject to federal and state inspection.
   • Any extraordinary health certificates, tests, or documentation required for shipment shall be at Buyer's expense.

2. Bidding in General.

   • By submitting a bid through the DVAuction, Inc. website, bidder/buyer is accepting the terms and conditions set forth in the Terms and Conditions Agreement, which is posted on the DVAuction, Inc. website, www.dvauction.com.
   • We reserve the right to reject, refuse or void bids, whether winning or not, that we deem not to have been made in good faith, or that are restricted, prohibited, or taxed due to local laws.
   • We are the one and only judge regarding the determination of winning bidders, and the single deciding authority if dispute should arise, and accept no liability for any errors or omissions.
   • We reserve the right to postpone or cancel a sale, without notice, if we determine in our discretion that such action is appropriate.
   • We will neither have liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.
   • If you have not made arrangements to pay for your purchase, DO NOT BID!

3. Auctions. The following rules are specifically applicable to auctions:

   • Buyers: If you have the highest bid, you are obligated to complete the transaction. Bids are not retractable.
   • Every transmission over the Internet travels a different route and can be delayed by a variety of factors, including the bidder's own computer. The time lapse between submission of a bid and its registration by the website can vary by several seconds resulting in the possibility of your bid being taken at a higher price than you intended. Do not submit bids during a flurry of bidding activity. Wait until bidding activity has subdued before placing your bid.
   • High speed Internet access (ie: dsl, cable, T-1, wireless, satellite) is required to bid at live auctions. DO NOT BID if you do not have high speed Internet access.
   • Bids are queued by the dvauction.com host computer in the order received. Bid positions are awarded on a first come, first serve basis.
   • In the even of malfunction by the dvauction.com host computer, the auction process will be stopped. If the malfunction has not affected the sale of lots sold prior to the malfunction, they will be considered sold. Auction of remaining lots/drafts will be completed upon correction of the malfunction. Bidding will be open, with no bid positions awarded upon resumption of the auction.
   • Any malfunction by the buyer's computer or Internet service provider is not the responsibility of DVAuction, Inc.

4. Auction Rules. (Buyers)

   • Submission of a bid is a binding offer to purchase livestock, consignment or lot/draft.
   • A bid is valid until livestock, consignment or lot/draft is sold or auction closes. Submission of a higher bid by another party does not withdraw previous bids.
   • Auctioneer shall be the sole judge in determining the winning bidder in the event of a tie bid.

5. Policies.

   • We are both buyer and seller friendly. Satisfaction of both parties is our measure of success.
   • A bid is valid until livestock, consignment or lot/draft is sold or auction closes. Submission of a higher bid by another party does not withdraw previous bids.
   • If we ever fail to satisfy you, please let us know. You'll receive a prompt reply.

6. Payment for Livestock/Consignment or Lot/Draft by Purchaser:

   • Payment for Livestock/Consignment and/or Lot/Draft by Purchaser shall be made directly to Seller or affiliate Livestock Auction Market.
   • A bid is valid until livestock, consignment or lot/draft is sold or auction closes. Submission of a higher bid by another party does not withdraw previous bids.
   • Seller’s name, address and bank will be provided to Purchaser upon confirmation of sale. Purchaser may be required to wire purchase amount to Seller’s bank. Purchaser may be required to provide Seller with a valid credit card and agree to debit said card for purchase amount.

7. Dvauction, Inc. is a broadcast & listing agent only and does not act as Livestock Dealer or Selling/Agent.

   • No Warranties. We provide our service "as is" and without any warranty or condition, express or implied. To the maximum extent permitted by applicable law, we specifically disclaim the implied warranties of title, merchantability and fitness for particular purposes. All warranties expressed or implied are between Buyer and Seller.
   • Limit of Liability. In no event shall we be liable for lost profits or any special, incidental or consequential damages however arising, including negligence, arising out of or in connection with a sale made through this website.
   • Buyer Premium: DVAuction, Inc. charges a Buyer Premium for all online purchases to winning online bidder. Said buyer premium will vary from auction to auction. The applicable buyer premium will be displayed and designated for each sale on the bidding console in the auction message at the top of the browser page. Applicable buyer premium will vary between 2- 5 % of the gross dollar purchase. (Example: $2,000.00 Purchase x 2 % Buyer Premium = $40.00). Said Buyer Premium will be added to the purchase invoice of the online purchase. Buyer Premium at affiliate livestock auction markets is $1.50 Per Head unless otherwise specified. Online purchaser by virtue of submitting online bids on www.dvauction.com agrees to pay designated and applicable Buyer Premium.

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